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RESPONSES / COMMENTS (MEDICAL LEGAL) - PART 1A

06/12/2012     




RE: Restrictive Covenant (Name Withheld)
From: John Morris, DPM

Rather than being concerned about whether it is "enforceable" by law,  I think you should consider if it is the "right" thing to sign a contract and then decide not to follow it. Just because you may be able to get away with not following the AGREEMENT is not the reason not to be a man or woman of your word. The operative word is "AGREEMENT."

Once a hiring doctor spends 1-3 or more years getting an associate started in practice (e.g., salary, malpractice, health insurance, countless hours reviewing superbills with the associate, introducing the DPM to patients and referring doctors, helping the associate learn from his/her mistakes which have resulted in patients leaving the practice, retirement or other benefits), don't you think the hiring DPM is entitled to have you live up to your AGREEMENT?

Even if your relationship with the  hiring doctor didn't live up to your expectations, I'd bet that you are more ready to run a practice and had an easier time getting started than if you had opened your practice right out of residency. My advice is to not just be ethical only when it suits you.

John Morris, DPM, Los Angeles, CA